# TX Lottery being pressured to ban smoking



## terrasco-cl (Mar 4, 2007)

The Texas Lottery Commission is considering a ban on selling tickets in stores that allow smoking after a recent attorney general's opinion suggested the practice could open the state to civil rights lawsuits.

Anti-smoking and civil rights advocates urged the commission at a meeting Wednesday to re-evaluate how it licenses vendors and to not allow smoking where tickets are sold.

They are concerned that secondhand smoke prevents people with disabilities or illnesses related to smoke from buying tickets at some locations.

"Texans should not have to gamble with their health when they purchase lottery tickets," said state Rep. Donna Howard, an Austin Democrat.

The issue has been smoldering since 2006 when Billy Williams, 77, of Lewisville, complained to lottery officials that he suffered an asthma attack after buying a lottery ticket at a store in Whitney that allowed smoking.

Williams argues the federal Americans with Disabilities Act protects him and others from having to buy tickets at smoky stores.

"Smoking (in stores) causes me not to have access" to the lottery, he said.

Lottery officials said the ADA does not bar sales at smoking establishments and invited Williams to buy tickets at the 58 retailers in the Lewisville area. The commission requires vendors to comply with the ADA in terms of building design to allow people with disabilities, such as wheelchairs, to enter.

Dissatisfied with the lottery's answer, Williams turned to state Sen. Rodney Ellis, a Houston Democrat, who has pushed for a statewide ban on smoking in the workplace. Ellis asked Texas Attorney General Greg Abbott, a Republican, for his opinion.

Abbott wrote last month that a Texas court "would probably conclude that (the lottery) would violate the ADA if it fails to provide Texas residents with meaningful access to state services."

That was enough to get lottery officials to consider the issue, although any decision probably won't come until early next year.

Wayne Krause, legal director for the Texas Civil Rights Project, said the purchase of lottery tickets could be considered a state service.

If someone can show a disability or lung ailment that is aggravated by the secondhand smoke in a store that sells lottery tickets, they could have a case against the retailer and the state, Krause said.

Krause was unaware of any smoking-related lawsuits filed against the lottery.

On Wednesday, a lottery staff attorney told commissioners the state could adopt a smoking ban as a matter of public health policy.

That might not be a popular idea considering the recent legislative battles over smoking at the state Capitol.

Although nearly two dozen Texas cities, including Houston, Austin and El Paso, have adopted comprehensive smoking bans, a proposed statewide ban was bitterly debated in the Legislature and ultimately died.

According to the American Cancer Society, secondhand smoke in the U.S. is responsible for an estimated 35,000 deaths from heart disease and 3,400 lung cancer deaths and myriad other serious health problems in adults and children nonsmokers. A 2006 Surgeon General's report found no safe level of exposure to secondhand smoke.

Lottery Commission Chairman Jim Cox said the panel's review was just beginning and officials want to consult with retailers who were not represented at the meeting. Lottery staff is also studying how many of the 16,000-plus lottery retailers allow smoking.

Commissioner David Schenck questioned whether placing warning signs that a store allows smoking or providing a list of alternative vendors would solve the problem.

Schenck, a Dallas appeals attorney who was recently appointed by Gov. Rick Perry, disclosed at the meeting that he has previously represented tobacco companies in his private practice.

He said he hasn't represented tobacco companies in more than 10 years and that a staff attorney assured him it did not create a conflict of interest.


----------



## Cigar Jack (Nov 16, 2005)

Where did you find this? I think it made my head spin...


----------



## patefengreen (Sep 27, 2007)

terrasco said:


> "Texans should not have to gamble with their health when they purchase lottery tickets," said state Rep. Donna Howard, an Austin Democrat.


So we shouldn't have to gamble with our health when we gamble with our hard earned dollars? Since Rep. Howard knows what's best for us, she should motion to abolish the lottery as well since it's quite simply organized crime sanctioned by the government. And it's most regular "players" are those from a lower socio-economic status who can least afford to waste money on the lottery but do for the slim chance that a big windfall will lift them from their poverty. But wait, Rep. Howard doesn't care about those people. She just cares about all the greenbacks that come in to the state. The hypocrisy and holier-than-thou attitudes slay me.



terrasco said:


> Wayne Krause, legal director for the Texas Civil Rights Project, said the purchase of lottery tickets could be considered a state service.


I don't even know what to say about this absurd statement! Argh, this is just crazy.


----------



## happy1 (Jun 29, 2007)

More Bullshit from the smoke Nazis


----------



## terrasco-cl (Mar 4, 2007)

Cigar Jack said:


> Where did you find this? I think it made my head spin...


This was released to most of the local papers in TX.


----------



## Lok17 (Jul 31, 2007)

So, if I am allergic to peanuts, can I get them outlawed? Or, would they just tell me not to go around peanuts?


----------



## terrasco-cl (Mar 4, 2007)

Lok17 said:


> So, if I am allergic to peanuts, can I get them outlawed? Or, would they just tell me not to go around peanuts?


Just get a scientist to write a report that peanuts cause cancer. There has to be some chemical compound in peanuts that, in massive dosage, will cause cancer in lab rats. Then, find a study that says that people that live in households that consume peanuts get cancer and you will have it made.


----------



## sandsman1-cl (Nov 20, 2007)

i think its a buncha bull if the guy cant take the smoke go somewear else he says he has rights well i have them too as a smoker they are taking them away yearly for crybabys like this guy im sure theres plenty of other places to get a ticket FIND ONE crybaby


----------



## dartfrog (Sep 20, 2007)

Last I checked most major supermarket chains are smoke free and have the scratch lottery vending machines and/or lottey terminals at Cust. Service counter. Dumbass should just buy his ticket there. They even have those I'm too lazy fatass electric scooter rides available so he wont have to worry about another asthma attack.

This situation in TX could play well for a Boston Legal episode.


----------



## shrtcrt (Jan 29, 2006)

Are you kidding me! The ADA should protect someone against smoking. This is getting way out of hand. That is not what the ADA is about. I can not stand stupid people and people who can not drive, can we ban them! How about people who decide to cross the road when traffic is heading for them, can I just speed up and take them out? What is happening to our country. We are raising a bunch of wussies. Take responsibility for YOUR life. There is no reason to pass laws because of some of this BS.


----------



## Cigar Jack (Nov 16, 2005)

Well you see you are the problem there Justin. You think, they don't want you to think. Just follow them like good little sheeple.


----------



## shrtcrt (Jan 29, 2006)

Sorry I tend to use my brain at times, I know, I should really see someone about my problem!


----------



## SMOKING HANDSOME DUDE (May 24, 2007)

*Liberalism is a mental disorder*

Liberalism is definetly a mental disorder. Good lord if I buy a lottery ticket can I sue the Lottery Commision everytime I do not win and say "Hey I got a cramp in my finger from scratching of the ticket".


----------



## patefengreen (Sep 27, 2007)

SMOKEING HANDSOME DUDE said:


> Liberalism is definetly a mental disorder. Good lord if I buy a lottery ticket can I sue the Lottery Commision everytime I do not win and say "Hey I got a cramp in my finger from scratching of the ticket".


Looks like a million dollar lawsuit to me! I think that tactic may be more of a "sure thing" than trying to actually win the lottery.


----------



## shrtcrt (Jan 29, 2006)

SMOKEING HANDSOME DUDE said:


> Liberalism is definetly a mental disorder. Good lord if I buy a lottery ticket can I sue the Lottery Commision everytime I do not win and say "Hey I got a cramp in my finger from scratching of the ticket".


You might be able to sue and say that it is unfair and you should be compensated for trying to win. That sounds about right.


----------



## Jonjonmacky (Oct 30, 2007)

are you shitting me?!?! wow. What keeps me up is that people like this vote for the president... which almost scares me as much as the people that come into starbucks and have to point to the drink on the wall cause they cant pronounce the name...those people vote as well and that just keeps me up at night..


----------



## slkr4life (Nov 9, 2007)

Why not a ban that prohibits the obese from entering fast food joints? Now there is a nationwide epidemic. I would think it would be an ADA issue if the only places one could buy tickets were smoking establishments. Then a valid argument would exist. However, my guess is if a statistician was hired, it would show that it is a non-issue when compared to the availability of purchasing tickets in non-smoking stores. Politicians have no will to fight anymore. It is sad, but we continually re-elect these jokers.


----------

